Kehar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60016 of 2022 Arising Out of PS. Case No.-342 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Kehar Singh Son Of Dharan Chand R/O Village- Satguru Nagar, Ghakewal Road, Rohan @ Raho, P.S.- Raho, District- Saheed Bhagat Singh Nagar, State- Punjab ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Ms.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kudhani P.S. Case No. 342 of 2022 registered for the offence under Sections 272, 273, 420, 467, 468, 4714, 414 and 34 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 28.07.2022.

Patna High Court CR. MISC. No.60016 of 2022(2) dt.24-11-2022 2/3 The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there was recovery of 1346.04 litres of IMFL/country made liquor. Learned counsel appearing on behalf of the petitioner submitted that petitioner is co-driver of alleged vehicle and having no connection with alleged illicit liquor, where nothing surfaced during the course of investigation that the consignment of alleged illicit liquor was under the knowledge of this petitioner, who is a man of clean antecedent. While concluding the argument, it has been submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tempering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of alleged illicit liquor not appears to be made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kudhani P.S. Case No. 342 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise,

Patna High Court CR. MISC. No.60016 of 2022(2) dt.24-11-2022 3/3 Court No. II, Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T